Jesmina Khatun v. State Of West Bengal And ORS.

28.07.2023 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 16951 of 2023 Jesmina Khatun -versus The State of West Bengal & Ors.

Ms. Salma S. Shah.

...For the Petitioner.

Ms. Sonal Sinha, Mr. Tarun Kumar Chatterjee Mr. Sujit Gupta Mr. Sayan Datta Mr. Soumen Chatterjee ...For the State Election Commission.

The petitioner contested the Panchayat General Elections, 2023. She alleges that even though she was declared elected but the election certificate was not issued in her favour. The same was issued in favour of somebody else.

The petitioner objected to the aforesaid act by filing a representation.

Though the copy of the representation is not annexed to the writ petition but it has been submitted by the learned advocate representing the petitioner that the same was submitted before the authority on 18th July, 2023.

The writ petition appears to have been filed on 17th July, 2023. Result of the election was declared on 11th July, 2023.

Objection filed at such a belated stage cannot be directed to be considered.

In view of the above, no relief can be granted to the petitioner in the instant writ petition.

The writ petition fails and hereby dismissed. Dismissal of the writ petition will, however, not stand in the way of the petitioner from approaching the appropriate forum by way of election petition, for redressal of her grievances, if so advised.

The Panchayat Returning Officer is directed to properly preserve the CCTV/Video footages and the ballot papers and to produce the same as and when called for.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)